does one loose current status when applying for adj. of status

warmotan

Registered Users (C)
Hello fellow pursuers of better life!

Doe anyone know if a person is loosing his/her current non-immigrant status when applying for adjustment of status based on the marriage to USC? For example: my non-immigrant status expires in Oct 2008 and if after applying for adjustment of status for some reason I get refused, can I still be in the old non-immigrant status.

Thanks
 
Interesting. I never thought of that.

How will it affect me? I am on L1A which is valid for another 6 months. I applied for AOS 2 days ago.
 
L1 and H1 are not affected if you don't stop working for your employer and your L1/H1 status is valid for some time.
 
Still not very clear

Should I change something with my employer or inform about status change? What are the consequences of status change?
 
Sakshi,
Since you are on L-1A, you will remain in L-1A until your I-94 expires. In fact, even if your AOS is rejected, your L-1A status will remain intact. So you really do not need to inform your employer. I assume your AOS is family based?
 
in general - in most cases you will lose your J-1 if you file for AOS. However, if your DS-2019 is valid and you continue your program and you don't work with AOS EAD, theoretically you remain in J-1 status - theoretically, because once you have applied for AOS, you have demostrated immigrant intent, and it will be hard to fall back on J-1 status if AOS falls through. If you leave the States, you cannot reenter on J-1 visa. You must have an advance parole.
 
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